New USCIS Policy on Adjustment of Status: EB-3 Vietnam Impact

In recent days, the U.S. immigration market in Vietnam has experienced a surge of conflicting information surrounding the latest updates from the U.S. Citizenship and Immigration Services (USCIS). Many clients have directly contacted KosamSolutions to express deep concerns: Will the new USCIS policy on Adjustment of Status (AOS – the process of applying for a Green Card inside the United States via Form I-485) disrupt the progress of EB-1, EB-2, or specifically EB-3 Unskilled visa categories?

As a professional immigration consultancy dedicated to walking side-by-side with our clients, KosamSolutions provides this comprehensive analysis from an objective legal perspective to unpack the true nature of this update and outline the safest path forward.

1. What Is the Core Nature of the New USCIS Policy on Adjustment of Status (AOS)?

First and foremost, from an expert legal standpoint, KosamSolutions clarifies: This is currently an internal operational guidance update (Policy Manual Update) for immigration officers regarding petition evaluation—it is NOT a new immigration law enacted by the U.S. Congress.

The fundamental purpose of USCIS in releasing this guidance is to tighten the adjudication process, ensure absolute transparency, and prevent potential loopholes. Specifically, the agency restates that the approval of an Adjustment of Status (Form I-485) application within the U.S. is an “administrative discretion” (Discretionary Relief), requiring applicants to prove absolute legal status compliance throughout their entire stay.

Much of the text within this update merely reaffirms core legal principles that have existed for decades in the U.S. immigration framework, rather than introducing entirely new regulations.

2. Breaking Down the Key Legal Aspects Clients Must Understand

To provide an realistic overview and eliminate unnecessary anxiety caused by unverified social media rumors, immigration experts at KosamSolutions have synthesized the following key points:

Consular Processing remains the primary and standard pathway

Consular Processing—the process of completing immigration paperwork and obtaining an immigrant visa via an interview at a U.S. Consulate abroad (such as the U.S. Consulate General in Ho Chi Minh City)—has been the bedrock of the U.S. immigration system since its inception. It is the most legally sound route, and the tightening of AOS rules inside the U.S. does not change or impact this offshore mechanism.

The “Immigrant Intent” rule for non-immigrant visas

For temporary visas (Non-immigrant visas) such as tourist visas (B1/B2), student visas (F-1), or other short-term stay categories, U.S. immigration law has always clearly stated: The intent upon entry must be temporary. The law does not automatically guarantee that entering the U.S. on a temporary visa can be used as a shortcut to immediately file an adjustment application for a Green Card.

USCIS tightens evaluation criteria for domestic filings

What USCIS is genuinely targeting this time is the domestic adjustment route. If an applicant decides to file Form I-485 inside the U.S., adjudicating officers will scrutinize the application much more rigorously based on individual circumstances, exact immigration history, filing timelines after entry, and strict compliance with employment authorization rules.

3. Are EB-1, EB-2, and EB-3 Applications from Vietnam Affected?

This is the central question KosamSolutions has addressed most frequently over the past few days. Based on thorough legal evaluations from our partner law firms in the United States, we provide clear assessments for each distinct client group:

Applicants pursuing their journey from Vietnam (The vast majority)

For the overwhelming majority of KosamSolutions clients executing employment-based immigration programs—particularly EB-3 (both Skilled and Unskilled) from Vietnam: YOUR PROCESS IS COMPLETELY UNAFFECTED.

  • Your petition was designed from day one to follow the standard Consular Processing pathway.

  • The core operational stages—including the Permanent Labor Certification (PERM) with the U.S. Department of Labor (DOL), the I-140 petition approval with USCIS, document processing at the National Visa Center (NVC), and waiting for an interview at the U.S. Consulate General in Ho Chi Minh City—are moving forward entirely as normal.

Applicants currently inside the U.S. intending to file Form I-485

This is the specific group directly affected by the stricter evaluation guidelines. This policy update impacts individuals attempting to adjust status from temporary tourist or student visas who have non-compliant stay histories, overstayed durations, or signs of “preconceived intent” when entering the country.

📊 CURRENT STATUS EVALUATION MATRIX (BY KOSAMSOLUTIONS):

Evaluation Criteria Actual USCIS Operating Status Impact on Our Clients
EB-1, EB-2, EB-3 Visa Status COMPLETELY NORMAL. No announcements or indications of program suspension. Clients can confidently proceed with their ongoing timelines.
Pending Applications (AOS) No basis to conclude immediate retroactive denials. Many enforcement details remain unclarified by USCIS. Monitor additional guidelines closely; avoid hasty adjustments.
Consular Processing from Vietnam ABSOLUTELY SECURE. Aligns perfectly with the original intent of U.S. statutory law. Remains the most stable, optimized long-term solution for Vietnamese applicants.

 

4. Professional Recommendations from KosamSolutions Experts

U.S. immigration policies and administrative handbooks undergo periodic adjustments. Currently, several operational details within the new USCIS policy on Adjustment of Status are still being clarified by legal analysts, including specific implementation boundaries for ongoing pending cases. Legal experts suggest that stakeholders continue to observe supplementary notices from USCIS over the coming months.

Therefore, KosamSolutions outlines 3 strategic recommendations for our clients:

1. Maintain absolute composure: Do not make rushed decisions to alter your long-term plans or withdraw files based on unverified information, sensationalized headlines, or engagement-baiting social media posts.

2. Prioritize the standard pathway: For those planning their future immigration journey, selecting the traditional consular route (Consular Processing) remains the most robust choice to minimize domestic regulatory risks.

3. Consult trusted professionals: Always review case-specific questions directly with the experienced consultants at KosamSolutions to receive accurate, highly personalized guidance for your unique profile.

5. Conclusion and Commitment from KosamSolutions

Our core message to our valued clients remains clear: “If there is any regulatory shift that truly requires your attention or legal action, KosamSolutions will proactively contact you and deliver immediate solutions. This is not a time for panic or for interrupting your family’s future immigration plans.”

KosamSolutions commits to monitoring every administrative update from the U.S. Citizenship and Immigration Services (USCIS) and collaborating closely with elite U.S. immigration law firms to safeguard your highest legal rights on every single step toward achieving your Permanent Resident status.

💰 EB-3 Service Fees at KosamSolutions

KosamSolutions is committed to providing EB-3 immigration services with a transparent financial roadmap, ensuring complete peace of mind.

  • Total Service Fee: 20,000 USD

  • Payment Plan: Divided into 04 flexible installments, allowing you to pay based on the actual progress of your file.

  • Guarantee Mechanism: “Pay as you Progress” – Clients only pay the next installment once the previous stage has been successfully approved by the relevant authorities.

Note: Government fees (USCIS) such as I-140 filing, I-485 filing, or NVC processing fees will be paid directly to the agencies as per legal regulations to ensure absolute transparency.

👉 View details at: EB-3 Green Card

📞 Free 1-on-1 Consultation

🌐 Website: kosamsolutions.com
✉️ Email: info@kosamsolutions.com
☎️ +1-772-341-1152 (USA) | +84-985-990-459 (Vietnam)

⭐ About the Founder – Nguyen Hong Phuong

KosamSolutions (a subsidiary of KOSAM LLC) was founded and is led by Dr. Nguyen Hong Phuong – a scientific expert who successfully obtained his EB-2 NIW Green Card and now applies his first-hand experience to help clients achieve similar immigration success.

Academic Background & Position:
Dr. Nguyen Hong Phuong holds a Ph.D. in Biomedical Science & Technology and currently serves as a Scientist at Indiana University, USA (since January 2023).

Major Achievement:
He is a recipient of the NIH National Research Service Award (2024–2026), one of the most prestigious research funding programs awarded by the U.S. Government.

Professional Review Role:
Dr. Nguyen Hong Phuong also serves as a Manuscript Reviewer for international academic journals. This role directly demonstrates his recognized authority in evaluating the work of other experts — an important criterion in EB-2 NIW immigration petitions.

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